Govt seeks legal changes to secure parents after property transfer

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The government is planning to amend the Property Transfer Act to allow parents to retain lifetime possession and use of property even after transferring it to their children, Law Minister Md Asaduzzaman said on Thursday.

Speaking to reporters at the Secretariat, the minister said the proposed amendment is expected to reduce property-related civil cases by addressing disputes that often arise after parents lose control of their assets through gifts.

He said under the existing Muslim law, parents lose control of property immediately after making a hiba (gift), which can leave them dependent on their children. The government is considering incorporating a usufruct rights provision into the Property Transfer Act, based on a 1963 Pakistan Supreme Court ruling.

Under the proposed provision, parents would retain the right to use and enjoy the property throughout their lifetime after gifting it to their children. The property could not be sold without the consent of both parties while the parents are alive. However, a district judge would be empowered to approve a sale in exceptional cases, such as when the property must be sold to pay for a parent's medical treatment and the child refuses to give consent.

The minister expressed hope that the amendment would help reduce property disputes and civil litigation while resolving many family conflicts.

He also said the government would conduct an impartial investigation into allegations of enforced disappearance involving the Coast Guard in Bagerhat.